Whelan, Patrick Joseph (CPSO#: 52250)

Current Status: Active Member as of 01 Jul 1982

CPSO Registration Class: Restricted as of 07 May 2018

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:Dalhousie University, 1981

Practice Information

Primary Location of Practice
377 Church Street
Suite 402
Markham ON  L6B 1A1
Phone: (905) 472-7122
Fax: (905) 472-2290
Electoral District: 05
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Dr. P.J. Whelan Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Dec 07 2009

Shareholders:
Dr. P. Whelan ( CPSO# 52250 )

Business Address:
Suite 402
377 Church Street
Markham ON  L6B 1A1
Phone Number: (905) 472-7122

Hospital Privileges

Hospital Location
Markham Stouffville Hospital Markham
Markham-Stouffville,Cottage Hospital Site Uxbridge

Specialties

Specialty Issued On Type
General Surgery Effective: 15 Nov 1988 RCPSC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.

University of Toronto, 01 Jul 1988 to 30 Jun 1989
Clinical Fellow - General Surgery

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1982
Transfer of class of registration to: Independent Practice Certificate Effective: 06 Jul 1988
Transfer of class of certificate to: Restricted certificate Effective: 07 May 2018
Terms and conditions imposed on certificate by member Effective: 07 May 2018

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 07 May 2018 Active View Details [+]
            As from May 7, 2018, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Patrick Joseph
            Whelan, in accordance with an undertaking and consent given by Dr. Whelan to
            the College of Physicians and Surgeons of Ontario:


                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. PATRICK JOSEPH WHELAN
                                          ("Dr. Whelan")
                  
                                                to 
                  
                        COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                          (the "College")
                  
                  
                  
                  
            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "ICR Committee" means the Inquiries, Complaints and Reports Committee of
                  the College;
                  
                  "NMS" means the Drug Program Services Branch, the Narcotics Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
            (2)   I, Dr. Whelan, certificate of registration number 52250, am a member of
                  the College.  

            (3)   I, Dr. Whelan, acknowledge that that following a public complaint that
                  raised concerns about my standard of practice in my general surgery
                  practice, I underwent a Specified Continuing Education and Remediation
                  Program ("SCERP") which included a reassessment of my practice. The
                  reassessment report subsequently received by the College raised concerns
                  about my standard of practice in my general surgery practice.

            B.    UNDERTAKING

            (4)   I, Dr. Whelan, undertake to abide by the provisions of this Undertaking,
                  effective immediately.

            (5)   Clinical Supervision 

                  (a)   I, Dr. Whelan, undertake to practise under the guidance of a
                        clinical supervisor(s) acceptable to the College (the "Clinical
                        Supervisor(s)"), for six (6) months ("Clinical Supervision"). 
                  
                  (b)   I, Dr. Whelan, acknowledge that I have reviewed the Clinical
                        Supervisor(s)'s undertaking, attached hereto as Appendix "A", and
                        understand what is required of the Clinical Supervisor(s). The
                        Clinical Supervisor(s) will, at minimum: 
                  
                        (i)   Facilitate the education program set out in the
                              Individualized Education Plan ("IEP"), attached hereto as
                              Appendix "B";
                  
                        (ii)  Review the materials provided by the College and have an
                              initial meeting to discuss practice improvement
                              recommendations;
                  
                        (iii) Meet with me at my Practice Location, or another location
                              approved by the College, once every other month;
                  
                        (iv)  Review at least ten (10) of my patient charts, in which I was
                              the most responsible physician, at every meeting;
                  
                        (v)   Discuss any concerns arising from the chart reviews;
                  
                        (vi)  Make recommendations to me for practice improvements and
                              ongoing professional development and inquire into my
                              compliance with the recommendations;
                  
                        (vii) Perform any other duties, such as reviewing other documents
                              or conducting interviews with staff or colleagues, that the
                              Clinical Supervisor(s) deem necessary to my Clinical
                              Supervision; and
                  
                        (viii)Submit written reports to the College at least once every
                              quarter, or more frequently if the Clinical Supervisor(s) has
                              concerns about my standard of practice.
                  
                  (c)   I, Dr. Whelan, acknowledge that the charts reviewed shall be
                        selected by the Clinical Supervisor(s) based on the educational
                        needs identified in the IEP, attached hereto as Appendix "B", as
                        well as the areas of concern identified in the reports of the
                        assessor dated October 30, 2017 and December 27, 2017, and concerns
                        that may arise during the period of Clinical Supervision.
                  
                  (d)   I, Dr. Whelan, undertake to cooperate fully with the Clinical
                        Supervision of my practice, conducted under the term of this
                        Undertaking and Appendix "A" to this Undertaking, and to abide by
                        the recommendations of my Clinical Supervisor(s), including but not
                        limited to, any recommended practice improvements and ongoing
                        professional development.
                  
                  (e)   I, Dr. Whelan, undertake to ensure that Appendix "A" to this
                        Undertaking is signed and delivered to the College within thirty
                        (30) days of the date I execute this Undertaking.
                  
                  (f)   I, Dr. Whelan, undertake that if a person who has given an
                        undertaking in Appendix "A" to this Undertaking is unable or
                        unwilling to continue to fulfill its provisions, I shall, within
                        twenty (20) days of receiving notice of same, obtain an executed
                        undertaking in the same form from a similarly qualified person who
                        is acceptable to the College and ensure that it is delivered to the
                        College within that time.
                  
                  (g)   I, Dr. Whelan, undertake that if I am unable to obtain a Clinical
                        Supervisor on the provisions set out under sections (5)(e) and/or
                        (f) above, I will cease practising medicine until such time as I
                        have obtained a Clinical Supervisor acceptable to the College.  
                  
                  (h)   I, Dr. Whelan, acknowledge that if I am required to cease practise
                        as a result of section (5)(g) above this will constitute a term,
                        condition or limitation on my certificate of registration and that
                        term, condition or limitation will be included on the public
                        register.
                  
            (6)   Professional Education  

                  (a)   I, Dr. Whelan, undertake to participate in and successfully
                        complete all aspects of the detailed IEP, attached hereto as
                        Appendix "B", including all of the following professional education
                        (the "Professional Education"):
                  
                        (i)   a program(s) satisfactory to the College in: 
                  
                              1.    medical record keeping; 
                  
                        (ii)  review each of the following with my Clinical Supervisor:
                  
                              1.    College policy on Medical Records;
                  
                              2.    College policy on Consent to Treatment;
                  
                              3.    Clinical Practice Guidelines on colonoscopy standards
                                    from the American Gastroenterology Association;
                  
                              4.    Clinical Practice Guidelines on treatment of anal
                                    fissure from the American Society of Colorectal
                                    Surgeons; 
                  
                              5.    CMPA's e-learning programs Documentation I and
                                    Documentation II; 
                  
                        (iii) any additional professional education recommended by my
                              Clinical Supervisor(s).
                  
                  (b)   I, Dr. Whelan, undertake to provide proof to the College of my
                        successful completion of the Professional Education, including
                        proof of registration and attendance and participant assessment
                        reports, within one (1) month of completing it. I acknowledge that
                        the College will determine, in its sole discretion, whether I have
                        successfully completed the Professional Education.
                  
                  (c)   I, Dr. Whelan, undertake to complete this requirement within six
                        (6) months of signing this Undertaking.
                  
                  (d)   I, Dr. Whelan, acknowledge that a report or reports may be provided
                        to the College regarding my progress and compliance with the
                        Professional Education.
                  
            (7)   Reassessment of Practice

                  (a)   I, Dr. Whelan, undertake that, approximately six (6) months after
                        the completion of the Clinical Supervision set out in section (5)
                        above and Appendix "A" to this Undertaking, I will submit to a
                        reassessment of my practice ("the Reassessment") by an assessor or
                        assessors selected by the College (the "Assessor(s)").  I
                        acknowledge that the Reassessment may include a chart review,
                        direct observation of my care, interviews with colleagues and
                        co-workers, feedback from patients and any other tools deemed
                        necessary by the College.
                  
                  (b)   I, Dr. Whelan, undertake to co-operate fully with the Reassessment,
                        conducted under the term of this Undertaking. 
                  
                  (c)   I, Dr. Whelan, acknowledge that my Clinical Supervisor(s) may
                        receive and review the findings of the Assessor(s), and may discuss
                        with the Assessor(s) any issues or concerns arising from the
                        Reassessment.  I also acknowledge that the results of the
                        Reassessment will be provided to me and reported to the College and
                        the report may form the basis of further action by the College. 
                  
            (8)   Monitoring 

                  (a)   I, Dr. Whelan, undertake to inform the College of each and every
                        location that I practise or have privileges, including, but not
                        limited to, hospital(s), clinic(s) and office(s), in any
                        jurisdiction (collectively my "Practice Location(s)"), within five
                        (5) days of executing this Undertaking.  Going forward, I further
                        undertake to inform the College of any and all new Practice
                        Locations within five (5) days of commencing practice at that
                        location.
                  
                  (b)   I, Dr. Whelan, undertake that I will submit to, and not interfere
                        with, unannounced inspections of my Practice Location(s) and
                        patient records by a College representative for the purposes of
                        monitoring my compliance with the provisions of this Undertaking.
                  
                  (c)   I, Dr. Whelan, give my irrevocable consent to the College to make
                        appropriate enquiries of OHIP, NMS and/or any person who or
                        institution that may have relevant information, in order for the
                        College to monitor my compliance with the provisions of this
                        Undertaking. 
                  
                  (d)   I, Dr. Whelan, acknowledge that I have executed the OHIP and NMS
                        consent form(s), attached hereto as Appendix "C" and Appendix "D",
                        respectively. 
                  
            C.    ACKNOWLEDGEMENT

            (9)   I, Dr. Whelan, acknowledge that all appendices attached to or referred to
                  in this Undertaking form part of this Undertaking.

            (10)  I, Dr. Whelan, acknowledge and undertake that I shall be solely
                  responsible for payment of all fees, costs, charges, expenses, etc.
                  arising from the implementation of any of the provisions of this
                  Undertaking. 

            (11)  I, Dr. Whelan, acknowledge that I have read and understand the provisions
                  of this Undertaking and that I have obtained independent legal counsel in
                  reviewing and executing this Undertaking, or have waived my right to do
                  so.

            (12)  I, Dr. Whelan, acknowledge that the College will provide this Undertaking
                  to any Chief of Staff, or a colleague with similar responsibilities, at
                  any Practice Location ("Chief(s) of Staff").

            (13)  I, Dr. Whelan, acknowledge that a breach by me of any provision of this
                  Undertaking may constitute an act of professional misconduct and/or
                  incompetence, and may result in a referral of specified allegations to
                  the Discipline Committee of the College.

            (14)  I, Dr. Whelan, acknowledge that this Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code.

            (15)  Public Register
                  (a)   I, Dr. Whelan, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be posted on
                        the Public Register.
                  
                  (b)   I, Dr. Whelan, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (15)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                              Following a public complaint that raised concerns about Dr.
                              Whelan's standard of practice in his general surgery
                              practice, Dr. Whelan underwent a Specified Continuing
                              Education and Remediation Program which included a
                              reassessment of his practice. The reassessment report
                              subsequently received by the College raised concerns about
                              Dr. Whelan's standard of practice in his general surgery
                              practice. As a result of the investigation:
                  
                                    Dr. Whelan will practise under the guidance of a
                                    Clinical Supervisor acceptable to the College for 6
                                    months. 
                  
                                    Dr. Whelan will engage in professional education in
                                    colonoscopy standards, treatment of anal fissure and
                                    medical record keeping.
                  
                                    Dr. Whelan's practice will be reassessed by an assessor
                                    selected by the College within 6 months of the end of
                                    the period of Clinical Supervision.
                  
                  (c)   I, Dr. Whelan, acknowledge that this Undertaking remains in effect
                        until the College determines its terms are satisfied.
                  
            D.    CONSENT

            (16)  I, Dr. Whelan, give my irrevocable consent to the College to provide the
                  following information to any person who requires this information for the
                  purposes of facilitating my completion of the Professional Education and
                  to all Clinical Supervisors, and/or Assessors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and 
                  
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (17)  I, Dr. Whelan, give my irrevocable consent to the College to provide all
                  Chief(s) of Staff with any information the College has that led to the
                  circumstances of my entering into this Undertaking and/or any information
                  arising from the monitoring of my compliance with this Undertaking.

            (18)  I, Dr. Whelan, give my irrevocable consent to any persons who facilitate
                  my completion of the Professional Education, and to all Clinical
                  Supervisors, Chiefs of Staff and Assessors, to disclose to the College,
                  and to one another, any of the following:

                  (a)   any information relevant to this Undertaking;
                  
                  (b)   any information relevant to the provisions of the Clinical
                        Supervisor's undertaking set out at Appendix "A" to this
                        Undertaking;
                  
                  (c)   any information relevant to the Reassessment;
                  
                  (d)   any information relevant for the purposes of monitoring my
                        compliance with this Undertaking; and/or  
                  
                  (e)   any information which comes to their attention in the course of
                        providing the Professional Education and which they reasonably
                        believes indicates a potential risk of harm to my patients.

Concerns

Source: Member
Active Date: May 7, 2018
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Patrick Joseph Whelan to the College of Physicians and Surgeons of Ontario, effective May 7, 2018:

Following a public complaint that raised concerns about Dr. Whelan’s standard of practice in his general surgery practice, Dr. Whelan underwent a Specified Continuing Education and Remediation Program which included a reassessment of his practice. The reassessment report subsequently received by the College raised concerns about Dr. Whelan’s standard of practice in his general surgery practice. As a result of the investigation:

Dr. Whelan will practise under the guidance of a Clinical Supervisor acceptable to the College for 6 months.

Dr. Whelan will engage in professional education in colonoscopy standards, treatment of anal fissure and medical record keeping.

Dr. Whelan’s practice will be reassessed by an assessor selected by the College within 6 months of the end of the period of Clinical Supervision.


Source: ICR Committee
Active Date: June 10, 2016
Expiry Date:
Summary:
Specified Continuing Education and Remediation Program:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College By-laws to be posted on the register, along with a note if the decision has been appealed. A SCERP is one of the dispositions that the College’s Inquiries, Complaints and Reports Committee may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the
disposition includes a SCERP:
Download Full Document (PDF)